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BANQUE ARABE ET INTERNATIONALE v. MD. NAT. BANK

Nos. 817, 982, Dockets 94-7571, 94-7595.

57 F.3d 146 (1995)

BANQUE ARABE ET INTERNATIONALE D'INVESTISSEMENT, Plaintiff-Appellant-Cross-Appellee, v. MARYLAND NATIONAL BANK, Defendant-Appellee-Cross-Appellant, 1 East 93 Associates; 36 East 64th Associates; 51st Owners Corp.; 55 West 89th Associates; 107 East 63rd Owners Corp.; 405 East 72nd Owners; 57 West 89th Associates; 342 East 67th Owners Corp., Defendants.

United States Court of Appeals, Second Circuit.

Decided May 11, 1995.

Attorney(s) appearing for the Case

John K. Carroll, New York City (Joseph H. Levie, Mark Holland, Donald E. Griffith, Shannon R. Clark, Rogers & Wells, of counsel), for plaintiff-appellant-cross-appellee.

James A. Moss, New York City (Darlene Fairman, Jonathan S. Lawlor, Herrick, Feinstein, of counsel), for defendant-appellee-cross-appellant.

Before: WALKER, JACOBS, and CALABRESI, Circuit Judges.

JACOBS, Circuit Judge:

In 1988, Maryland National Bank ("MNB") financed a real estate venture for the conversion of several New York City apartment buildings to cooperative or condominium ownership, and sold participations in that $35 million mortgage loan to other banks. A $10 million participation was sold to BAII Banking Corporation ("BAII"), an American subsidiary of Banque Arabe et Internationale D'Investissement ("Banque Arabe"). Banque Arabe, as transferee...

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